Monique Francois v Stay Safe East — 2024

The Tribunal found that the Claimant, of Afro-Caribbean heritage and with Systemic Lupus Erythematosus, succeeded in her claim of direct race discrimination arising from a failure to consider exercising a discretion to pay more than SSP during her 2022 absence; the Tribunal characterised this as unconscious bias and placed the injury-to-feelings award in the lower Vento band. Her claims of direct disability discrimination, harassment related to race, and harassment related to disability were dismissed. The National Minimum Wage claim was not considered by the Tribunal.

The Tribunal upheld her claim under S13 of the Employment Rights Act 1996 for unauthorised deductions from wages, ordering payment of £5,874.96. It also found the Respondent had failed to provide the statutory statement of employment particulars required by S1 ERA 1996 and awarded two weeks' pay (£629.46) under S38 Employment Act 2002, and found a separate failure to provide itemised pay statements under S8 ERA 1996.

The Tribunal assessed injury to feelings at £7,500 with £1,150 interest, taking into account that some of the Claimant's distress was caused by matters that were not race discrimination. The total award against the Respondent was £15,154.42. The Tribunal additionally made a wasted costs order under Rule 80 against the Respondent's representative, Croner, of £3,250, on the basis that the first hearing day was wasted owing to the representative's failure to prepare.